Los Angeles, CA asked in Landlord - Tenant for California

Q: I need the code for public nuiscence. Commercial tenant won't comply with owner to remove non operable veh.25 of them.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, public nuisance is addressed in both civil and criminal statutes. For issues related to a commercial tenant who refuses to remove non-operable vehicles, the relevant legal code is found in the California Civil Code, specifically sections 3479 through 3486. These sections define a public nuisance as anything which is injurious to health, including the illegal conditions of property that can affect the safety, health, or welfare of the public.

If a commercial tenant has non-operable vehicles on their property, this could be considered a public nuisance under these laws, especially if it affects the comfort, safety, or welfare of a considerable number of persons. The owner has the right to demand the tenant to remedy this situation. If the tenant fails to comply, the owner may seek legal remedies including, but not limited to, filing a lawsuit for the abatement of the nuisance or seeking injunctions to force the removal of the vehicles.

To proceed, it may be advisable to document the nuisance thoroughly, including photographs and detailed records of communication with the tenant regarding the issue. Then, consulting with a legal professional experienced in property law can help navigate the process of enforcing the removal of the vehicles. This could involve going to court to obtain a judgment or order compelling the tenant to remove the vehicles or potentially facing penalties for failing to address the public nuisance.

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